What is banking support of the contract. Banking support of contracts

Date: 04/19/2019

In order to ensure traffic transparency financial resources when the supplier fulfills obligations under the contract FZ No. 44, it allows for its banking support.

Banking support contract— ensuring by the bank, on the basis of an agreement concluded with the supplier, contractor, performer and all subcontractors, co-executors involved in the course of the execution of the contract, monitoring of settlements carried out as part of the execution of the contract on an account opened with the specified bank, and bringing the results of monitoring to the attention of the customer , as well as provision of other services by the bank 1 .

According to Art. 35 of Federal Law No. 44, the Government of the Russian Federation establishes the procedure for the implementation of banking support for contracts, which includes, among other things, requirements for banks and the procedure for their selection, the terms of contracts concluded with the bank, as well as requirements for the content of reports generated by banks. Settlements during the execution of the contract, accompanied by the bank, are reflected in the accounts that are opened with the specified bank.

Banking support of the contract is carried out by a bank included in the list of banks provided for by Article 74.1 of the Tax Code of the Russian Federation that meets the established requirements for acceptance bank guarantees for tax purposes.

Where is the information about banking support?

Information about the banking support of the contract must be set in:

schedule;
notice;
procurement documentation;
draft contract.

Types of banking support(according to Decree of the Government of the Russian Federation of September 20, 2014 No. 963)

Banking support:

-simple

This support implies the monitoring of a separate special account of the contractor under the contract with the provision of information to the customer on the movement of finances, as well as on the available balance Money. Banking support of the contract, which consists in monitoring settlements within the framework of the execution of the contract, is carried out by the bank without charging a fee.

- extended

With such support, in addition to monitoring the account of the contractor, additional banking services are provided for a fee, which make it possible to ensure that the received goods, works (their results), services comply with the terms of the contract (for example, verification of payment documents). Extended banking support is carried out for a fee, the amount of which cannot exceed at the contract price:

a) from 500 million to 1 billion rubles - 1.15 percent of the contract price;
b) from 1 to 5 billion rubles - 1.12 percent of the contract price;
c) from 5 to 10 billion rubles - 1.09 percent of the contract price;
d) from 10 to 15 billion rubles - 1.05 percent of the contract price;
e) from 15 billion rubles - 1 percent of the contract price.

In what cases is banking support applied?

Simple banking accompaniment applies when 2:

the contract concluded in accordance with part 16 of article 34 of Federal Law No. 44 provides for the purchase of goods or work (including, if necessary, designing, constructing an object that should be created as a result of the work), subsequent maintenance, repair and, if necessary, operation and (or) disposal of the delivered goods or the object created as a result of the work (contract life cycle) and (or) the initial (maximum) price of the contract (the price of a contract concluded with a single supplier) exceeds 10 billion rubles;
the price of the contract concluded with the EP on the basis of acts issued in accordance with paragraph 2 of part 1 of Art. 93 of Federal Law No. 44, exceeds 10 billion rubles and the act provides for the involvement of a bank by the customer for the purpose of banking support, and the customer’s obligation to include in such a contract a condition on ensuring its execution is not established;
the contract (contracts), or the subject of the contract, or the supplier (contractor, performer) under the contract, which are determined by the Government of the Russian Federation, if the suppliers (contractors, performers) are subject to restrictive measures imposed by a foreign state, state association and (or) union and (or) state (interstate) institution foreign country or state association and (or) union;

Extended banking support applies when 3:

the price of the contract concluded for the purpose of construction (reconstruction, including with elements of restoration, technical re-equipment) of the object capital construction with the EP on the basis of the act, exceeds 10 billion rubles and the act does not establish the obligation of the customer to include in such a contract a condition on ensuring its execution;
the initial (maximum) price of the contract (the price of the contract concluded with the EP) exceeds 15 billion rubles and approved state program The Russian Federation provides for the obligation to attract a bank for the purpose of banking support;
the state contract, determined by the Government of the Russian Federation, provides for treasury collateral;
contract (contracts), or the subject of the contract, or the supplier (contractor, performer) under the contract, which are determined by the Government of the Russian Federation, if the suppliers (contractors, performers) are subject to restrictive measures introduced by a foreign state, state association and (or) union and (or) state (interstate) institution of a foreign state or state association and (or) union.

According to the Decree of the Government of the Russian Federation of August 2, 2017 No. 1658-r, if the state customer is the Ministry of Industry and Trade, then only contracts are subject to banking support:

for the development of supercomputer technology and software package to optimize the shape of the ship's hull on the example of high ice class ships;
for the development of a mechanism and an industry guide to determine the competitive price level in the creation of ships and marine equipment for state needs taking into account their consumer properties and production efficiency.

Bank selection process. Banking agreement.

In the event that an agreement is concluded between the bank and the supplier on the provision of a bank guarantee under the accompanied contract or loan agreement in the amount of at least 30% of the contract price, but not less than the amount of the advance provided under the accompanied contract, a banking support agreement is concluded with such a bank (if the bank has not refused to conclude it). In other cases, as well as if the bank refuses to conclude an agreement on banking support, the supplier selects a bank and concludes an agreement on banking support with it in accordance with the legislation of the Russian Federation.
If the bank is involved by the customer, the selection of the bank is carried out by the methods provided for by Federal Law No. 44 from the list of banks specified in paragraph 10 of the Rules for the implementation of banking support for contracts (see Resolution No. 963 of 09/20/2014)

The banking support agreement must contain:

a) the procedure and terms for opening a separate account for the supplier, co-executors;

A separate account is an account opened with a bank that provides banking support for a contract, a supplier, a co-executor, for carrying out operations, including operations within the framework of the execution of the supported contract.

b) the rights and obligations of the parties;

c) the procedure and terms for crediting and debiting funds from a separate account;

d) conditions on the possibility of debiting, at the request of the customer, funds from a separate account opened with the supplier in the amount of the advance payment provided on the terms and conditions specified by the parties in the accompanied contract, if the accompanied contract does not provide for the provision of security for its execution;

e) the obligation of the bank, as part of the monitoring of settlements carried out during the execution of the accompanied contract, to provide the customer on a monthly basis in compliance with the provisions of the legislation of the Russian Federation on bank secrecy:

information on transactions with funds on a separate account in the form of a statement of cash flows on a separate account for the reporting calendar month;
report, the content of which is determined by paragraphs. 15 and 16 of the Rules for the implementation of banking support for contracts;
information on the results of the identification of the supplier, co-executor by the bank when opening a separate account for him;

f) cases and procedure for amending the contract on banking support and its termination;

g) the obligation of the bank, in cases established by the Government of the Russian Federation, to send to the Federal Treasury through the system for transmitting financial messages Central Bank Russian Federation after the inclusion of the Federal Treasury in the list of users of the specified system, no later than one business day following the day of the banking transaction on a separate account, information on transactions carried out on the specified account, if the operations for the execution of the accompanied contract concluded to meet federal needs, in accordance with budgetary legislation of the Russian Federation are subject to reflection on personal accounts opened with the territorial bodies of the Federal Treasury.

Banking support agreement concluded within the framework of extended banking support, in addition to the above conditions, must contain:

a) information agreed with the customer, specified in payment document;
b) the right of the bank to check the payment document in the manner and terms agreed with the customer;
c) the list and procedure for the submission by the supplier, co-executors of documents confirming the basis for payment;
d) the procedure and terms for checking by the bank the documents submitted by the supplier, co-executors, confirming the basis for payment, for compliance with the actually delivered goods (work performed (their results), services rendered);
e) the right of the bank to refuse to make a payment according to payment documents, as well as the cases, procedure and conditions for such a refusal;
f) the responsibility of the bank in connection with its refusal to make a payment according to payment documents;
g) the obligation of the bank to provide to the customer and send to the Federal Treasury through the financial messaging system of the Central Bank of the Russian Federation after the Federal Treasury is included in the list of users of this system at its request no later than 5 working days from the date of receipt of such a request in cases established by the Government of the Russian Federation, report on the results of the monitoring of the actual performance of the accompanied contract 4 .

Case Studies

. Contract for network maintenance highways common use regional or intermunicipal significance

The antimonopoly authority received a complaint from a participant about the actions of the customer during the electronic auction for the performance of work on the maintenance of a network of public roads of regional or intermunicipal significance. According to the applicant, the documentation does not contain the name of the bank that provides extended contract support provided by the procurement organizer, which is a violation of Federal Law No. . 35 FZ No. 44-FZ within 20 days from the date of its conclusion. However, the bank providing banking support for this contract has not been determined by the customer, and the agreement on banking support for the contract is not included in the auction documentation. Thus, the applicant's argument is well-founded. At the same time, by the time the decision was made, the customer made changes to the documentation, indicated the names of the bank and attached a draft banking support agreement, in connection with which the OFAS commission did not issue instructions to eliminate violations of Federal Law No. 44. (Decision of the Karelian OFAS Russia in case No. 04 -18/42-2018 from 03/20/2018).

. Contract for the performance of work on overhaul buildings of the state budgetary healthcare institution

The Federal Antimonopoly Service of Russia received a complaint from a procurement participant about the customer's actions during an electronic auction for the overhaul of the building of a state budgetary healthcare institution. According to the results of the unscheduled inspection, the OFAS commission established that, according to clause 8.2.1 of the draft contract, placed as part of the auction documentation, “prior to the conclusion of this contract, the general contractor is obliged to conclude an agreement on banking support of the contract with a bank included in the list of banks provided for by Article 74.1 of the Tax Code of the Russian Federation that meets the established requirements for accepting bank guarantees for tax purposes”. Having studied the materials of the case, the commission of OFAS Russia came to the conclusion that the customer violated Part 1 of Article 425 of the Civil Code of the Russian Federation, expressed in the establishment in the draft contract of the obligation of the contractor to conclude an agreement on banking support of the contract with the bank before the conclusion of the contract. (Decision of the Chelyabinsk OFAS Russia in case No. 720-zh/2018 dated November 27, 2018).

. Contract for the construction of a medical and consulting center of the regional clinical oncological dispensary

The Federal Antimonopoly Service of Russia received a complaint from a procurement participant about the customer's actions during an electronic auction for the right to conclude a state contract for the construction of a medical and consulting center for a regional clinical oncology dispensary. According to the applicant, the auction documentation unlawfully did not establish a condition on treasury support contract. When considering the case, the FAS commission found that the norms of Part 2 of Art. 5 of the Federal Law N 459 do not apply to funds, including those provided on the basis of state contracts (contracts, agreements, agreements) concluded in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs , the execution of which is subject to banking support. In accordance with the procurement documentation, bank support for the contract was established in accordance with the Decree of the Administration of the Volgograd Region. dated 14.05.2015 No. 239-p (as amended on 26.11.2018) “On determining the cases of banking support of contracts, the subject of which is the supply of goods, performance of work, provision of services to meet the state needs of the Volgograd region.” In its decision, the antimonopoly body recognized the applicant's argument as unfounded. (Decision of the FAS Russia on case No. 19/44/105/103 dated 01/21/2019).

1. The Government of the Russian Federation establishes the procedure for the implementation of banking support for contracts, which includes, among other things, requirements for banks and the procedure for their selection, the terms of contracts concluded with a bank, as well as requirements for the content of reports generated by banks.

2. Government of the Russian Federation, the highest executive body state power of the subject of the Russian Federation, the local administration determines the cases of banking support of contracts, the subject of which is the supply of goods, performance of work, provision of services, respectively, for federal needs, the needs of the subject of the Russian Federation, municipal needs, in the form of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of the highest executive body of state power of the subject of the Russian Federation, municipal legal acts. At the same time, the Government of the Russian Federation has the right to establish minimum size the initial (maximum) price of the contract, the price of the contract concluded with a single supplier (contractor, performer), taking into account the value of which, in accordance with this part, cases of banking support of contracts are determined, the subject of which is the supply of goods, performance of work, provision of services for the needs of the subject Russian Federation and municipal needs.

3. Making settlements in the course of execution of the contract, accompanied by the bank, is reflected in the accounts that are opened in the specified bank.

The provisions of Article 35 of Law No. 44-FZ are used in the following articles:

Features of procurement carried out by the budgetary, autonomous institutions, state, municipal unitary enterprises and other legal entities
7. If the legislation of the Russian Federation, in order to conclude a civil law agreement (contract) within the framework of relations not specified in Part 1 of Article 1 of this Federal Law, provides for the obligation to hold tenders and auctions or use other methods to determine the supplier (contractor, performer ) in accordance with this Federal Law, then the provisions of Articles 14, 23, 28 - 30, 34, 35 of this Federal Law shall not apply when they are carried out, unless otherwise provided by the legislation of the Russian Federation.
Schedules
8) information on banking support of the contract in cases established in accordance with Article 35 of this Federal Law.
the contract
26. The contract shall include a provision on banking support of the contract in cases established in accordance with Article 35 of this Federal Law.
Procurement Notice
8) the amount of contract performance security, the requirements for such security, the procedure for providing such security established in accordance with this Federal Law (if the establishment of the requirement for contract performance security is provided for in Article 96 of this Federal Law), as well as information on banking support of the contract in accordance with Article 35 of this Federal Law;

State contracts. Special accounts opened in the Treasury - what is it? How to open? We are subcontractors - we will supply materials for a contractor with a government contract

Answer

Personal accounts in the Treasury of the Russian Federation are opened in cases where treasury support for the execution of contracts is established. The procedure for treasury support is defined in Decree of the Government of the Russian Federation of December 30, 2016 No. 1552. Treasury support involves settlements between the customer and the contractor, between the contractor and the subcontractor through accounts in the Treasury of the Russian Federation and with the provision of documents confirming expenses.

The rationale for this position is given below in the materials of "Systems Lawyer" .

“To control the calculations and results of the purchase, the customer establishes a requirement that the contract will be accompanied by a bank or financial agency.

Banking support of the contract

Banking support of the contract - control of settlements between the customer and the counterparty. Banking support is as follows. The supplier opens a separate bank account, through which the parties make all payments under the contract. And the bank monitors the calculations and brings the monitoring results to the customer.

To open an account, the supplier enters into an agreement with the bank, and the customer includes the conditions for support in the state contract.

The rules for banking support of contracts were approved by the Government of the Russian Federation by Resolution No. 963 of September 20, 2014.

Types of banking support

The Government of the Russian Federation provides for two types of banking support for contracts: simple and extended.

Simple accompaniment

With simple support, the bank does not control the supplier's operations, but only provides the customer with information about his payments. The bank does not charge for such services.

Federal-level customers include a condition on simple banking support in cases of purchase:

 from a specific supplier by decision of the President of the Russian Federation or the Government of the Russian Federation in the amount of more than 10 billion rubles. If the supplier provides the contract, no escort is needed;

 goods or works worth more than 10 billion rubles, which include subsequent maintenance, repair and disposal of the facility (life cycle contract).

This is stated in subparagraph "a" of paragraph 3 of the Decree of the Government of the Russian Federation of September 20, 2014 No. 963 and paragraphs 6, 13 of the Rules approved by the Decree of the Government of the Russian Federation of September 20, 2014 No. 963.

Extended Maintenance

With extended support, the bank checks the results of the contract with initial conditions. Also compares documents - the basis of payment with the contract for:

 terms of delivery;

 quantity of goods, works or services;

 project documentation;

 work schedule and actual results.

The procedure for control, cases and grounds for refusal to pay, write in the agreement with the bank.

The bank provides extended support for a fee.

Federal-level customers include the condition that the contract extensively accompanies the bank in cases of procurement:

 construction works from a single supplier in the amount of more than 10 billion rubles. If the supplier provides the contract, no escort is needed;

 goods, works or services under the state program of the Russian Federation in the amount of more than 15 billion rubles. The program must have a condition on the support of the contract;

 which is determined by the order of the Government of the Russian Federation and provides for treasury security of obligations. For example, state contracts for the development of supercomputer technology and a software package for optimizing the shape of a ship's hull, using the example of high-ice class ships, for which the state customer is the Ministry of Industry and Trade of Russia, are subject to banking support (clause 1 of the order of the Government of the Russian Federation dated August 2, 2017 No. 1658-r). The procedure for operations on treasury collateral for obligations in the banking support of government contracts is established by order of the Ministry of Finance of Russia dated July 31, 2017 No. 122n / 4474-U.

This procedure is established by subparagraph "b" of paragraph 3 of the Decree of the Government of the Russian Federation of September 20, 2014 No. 963, paragraphs 7, 14 of the Rules approved by the Decree of the Government of the Russian Federation of September 20, 2014 No. 963, and explained in the letter of the Ministry of Finance of Russia of May 5, 2015 No. 02-02 -04/25683.

1. Simple banking support for contracts above:
- 1 billion rubles - for regional customers;
- 200 million rubles - for municipal customers;

2. Expanded banking support for contracts worth more than 5 billion rubles.

Banking support agreement

Include the obligatory conditions in the agreement with the bank on simple contract support:

 the procedure and terms when the bank opens a separate account for the supplier, co-executors;

 rights and obligations of the parties;

 the procedure and terms for crediting and debiting money from a separate account;

 the ability to write off money in the amount of the advance at the request of the customer, if this is prescribed in the contract and there is no security for it;

 the obligation of the bank, as part of the monitoring of settlements, to submit to the customer on a monthly basis:
- statement of the movement of money on the account;
- information about how the bank identified the supplier when opening an account for him;

 cases and procedure when the agreement on banking support is changed;

 the obligation of the bank to send information about it to the Treasury of Russia no later than one business day after the day of a banking operation on a separate account, if transactions under the contract go through the personal accounts of the territorial bodies of the Treasury of Russia. The cases when the bank submits such information will be established by the Government of the Russian Federation. Information is sent through the financial messaging system of the Bank of Russia.

In the agreement on extended banking support, in addition to the conditions for simple, include:

 Obligation of the bank within the framework of monitoring to submit a report to the customer on a monthly basis no later than the 25th day on how the supplier fulfills the contract;

 information indicated in payment documents;

 the right of the bank to check payment documents in the manner and terms agreed with the customer;

 the list and procedure for submitting documents - the grounds for payment, checking them by the bank and cases of refusal to pay;

 responsibility of the bank for refusal to pay for the document;

 the obligation of the bank to send, at the request of the customer or the Treasury of Russia, a report on the results of monitoring the actual performance of the contract. Deadline - no later than five working days. The cases when the bank submits such information will be established by the Government of the Russian Federation. Information is sent through the financial messaging system of the Bank of Russia.

About mandatory conditions read the banking support agreements in paragraphs 13-14 of the Rules approved by Decree of the Government of the Russian Federation of September 20, 2014 No. 963.

How to choose a bank

The customer chooses the bank that will accompany the contract before the start of the procurement procedure. And a draft agreement on banking support is attached to the draft contract.

But not every bank has the right to accompany contracts. And only the one that the Ministry of Finance of Russia will include in a special list of banks. See the current list on the official website. This list is updated monthly. Customers have a question: what to do if the bank dropped out of the list during the execution of the contract? Don't change anything. The bank will continue to accompany the contract until the supplier fulfills it. Exception - the Government of the Russian Federation, regional or local authorities decided to terminate the support of contracts by this bank ahead of schedule.

The contract with treasury collateral must be accompanied by a bank - a user of the financial messaging system of the Bank of Russia.

This procedure is established in paragraph 10 of the Rules approved by Decree of the Government of the Russian Federation of September 20, 2014 No. 963, and explained in the letter of the Ministry of Finance of Russia of November 27, 2015 No. 02-02-04 / 69287.

Treasury contract support

Treasury support of contracts is carried out by the territorial bodies of the Treasury of Russia according to the Rules approved by the Government of the Russian Federation by Decree No. 1552 dated December 30, 2016. The financial authorities of the subjects do not carry out treasury support of contracts (letter of the Ministry of Finance of Russia dated February 17, 2016 No. 02-01-10 / 8807).

Let us explain what the essence of treasury support of contracts is.

The contractor opens a personal account with the Treasury of Russia, which will be used for settlements under the contract. The basis is the contract. Its certified copy is submitted by the performer to territorial authority Treasury of Russia, along with an application (f. 0531752) and a signature sample card (f. 0531753). If the contract is in the register of contracts, the copy does not need to be certified.

The contractor attracts co-executors - they will also open separate personal accounts. Authorization of operations on personal account performer, the Treasury of Russia conducts by order of the Ministry of Finance of Russia dated December 28, 2016 No. 244n.

The customer transfers only the advance payment to the treasury account. And the final payment - to the current account of the contractor.

The Treasury of Russia will control the expenses of the contractor, which he incurs at the expense of the advance payment received, and will check the documents supporting the payment of expenses. If it detects violations, it will provide information about them within five working days:

 to the customer;

 performer.

This is stated in paragraphs 5, 27-28 of the Rules approved by Decree of the Government of the Russian Federation of December 30, 2016 No. 1552, paragraph 15 of the Procedure approved by Order of the Ministry of Finance of Russia of December 28, 2016 No. 244n, paragraph 13 of the Procedure approved by Order of the Treasury of Russia of October 17, 2016 No. 21n and letter of the Russian Treasury dated August 1, 2017 No. 07-04-05/22-630.

The customer includes in the contract a condition on treasury support:

1. if the conditions are met simultaneously:

o the contract is paid for at the expense of funds federal budget, targeted subsidies or subsidies for capital investments from the federal budget;

o the value of the contract - more than 100 million rubles;

o the contract provides for an advance payment.

2. according to the state defense order. The exception is contracts that conclude:

o Russian Defense Ministry;

o other government customers with the condition of banking support;

o to provide the Russian foreign intelligence agencies with the means of intelligence activities, and the FSB agencies with the means of counterintelligence activities and the fight against terrorism.

If the contractor under the contract attracts co-executors, their relationship will also be accompanied by the Treasury of Russia. In addition, the Government of the Russian Federation has the right to establish other cases of mandatory treasury support. For example, for contracts at the expense of a subsidy for other purposes according to the order of July 28, 2017 No. 1631-r.

This is stated in paragraphs 2-5 of Part 2 of Article 5 of the Law of December 19, 2016 No. 415-FZ, Decree of the Government of the Russian Federation of March 3, 2017 No. 249.

Do not include the terms of treasury support in the contracts that the bank accompanies.

Include information on mandatory treasury support in the draft contract, and then in the contract itself. Write down:

 Prohibition to the customer to transfer target money:
- in authorized capital another organization or on a deposit;
- to your bank accounts. Exception: for salaries to employees and remuneration under the GPA, the final payment of the contract, reimbursement of the contractor's expenses, as well as payment of foreign exchange obligations, including for currency conversion in order to pay to a non-resident (letter of the Treasury of Russia dated March 17, 2017 No. -336);

 obligation to open personal accounts for the executor and co-executors in the Treasury of Russia;

 obligation to submit information about executors and co-executors under the contract;

 the procedure for submitting documents for authorization of expenditures;

 the obligation to indicate the contract identifier in contracts, payment and settlement documents. The order, how to form it, will be established by the Treasury of Russia;

 other conditions to be established by the Government of the Russian Federation in accordance with clause 5 of part 2 of article 5 of the Law of December 19, 2016 No. 415-FZ.

All conditions are in paragraph 7 of the Rules approved by Decree of the Government of the Russian Federation of December 30, 2016 No. 1552 *.

What is contract banking support, when it is mandatory, and when it is not, what types of contract support exist, read about it in our material.

Concept and types

Banking support of contracts under 44-FZ is the conduct by an authorized bank of verification of payments made and bringing to the attention of the state customer the results of such monitoring, which allows the customer to control the fulfillment of the terms of the state contract. Banking support of the contract is not provided what does this mean? It means that authorized bank is not used for monitoring calculations.

The implementation of banking support for the contract is regulated by Decree of the Government of the Russian Federation of September 20, 2014 No. 963. The Decree on the implementation of banking support for contracts does not apply to:

civil law contracts drawn up by the Russian Federation, its subject, municipality, budget institution, another legal entity in accordance with Part. 1, 4, 5 Article. 15 44-FZ;
contracts drawn up within the framework of the state defense order;
contracts drawn up outside the framework of the state defense order, information about which is a state secret.

Banking support of the state defense order produced according to the rules of Chapter 3.1 of the Law "On State Defense Order" dated December 29, 2012 No. 275-FZ.

Within the framework of Decree No. 963, 2 types of banking support are distinguished:

simple (basic);
extended.

Read more about these types in our material below.

Simple (basic) banking support for a government contract

It consists in monitoring the calculations made as part of the execution of the contract. It is free of charge and mandatory in the following cases:

Issuance of a government contract of the life cycle, when the supplier conducts a full range of work, from project development to its full implementation. At the same time, the price of the state contract exceeds 10 billion rubles;
Registration of a state contract with a single supplier on the basis of acts issued under paragraph 2 of part 1 of Art. 93 44-FZ, when the price is more than 10 billion ₽, banking support is established by such an act, the obligation of the state customer to establish the enforcement of such a contract is not established;
Registration of a government contract, when such a contract, its subject or supplier are determined by the Government of the Russian Federation, when the supplier is subject to restrictive measures introduced by other countries or their associations.

Minimum size starting price state contract, taking into account which the authorities of the constituent entities of the Russian Federation and municipalities determine the cases of banking support, is equal to:

1 billion ₽ for regions;
200 million ₽ for municipalities.

Extended banking support

Provides for the provision banking services, which allow to ensure compliance of the supplied works, goods, services with the terms of the state contract. It will apply when:

execution of a state construction contract with a single supplier, determined by an act of the Government or the President, when the cost of work exceeds 10 billion rubles and the act does not establish the obligation of the state customer to establish contract enforcement;
execution of a state contract, the price of which is more than 15 billion ₽ and the state program of the Russian Federation stipulates the obligation to attract an authorized bank;
the executed state contract, determined by the Government of the Russian Federation, provides for treasury support;
the contract being drawn up, its subject or the supplier are determined by the Government of the Russian Federation, when the supplier is subject to restrictive measures established by other countries.

Extended support paid, maximum size cannot exceed:

1.15% at the price of the state contract 500 million - 1 billion ₽;
1.12% at a price of 1 - 5 billion rubles;
1.09% at a price of 5 - 10 billion rubles;
1.05% at a price of 10-15 billion rubles;
1% at a price of more than 15 billion rubles.

Is it possible to indicate in a contract with extended banking support what the contractor is not entitled to spend the advance payment on?

Yes, the customer has the right to prescribe such a requirement in the contract. With extended support, the bank controls how the contractor spends the advance. The customer determines the cases in which the bank agrees with the customer on the refusal to pay the counterparty. This is stated in subparagraph "d" of paragraph 8 of the Rules from the Government Decree of 09/20/2014 No. 963.

Find out more in the article "

In certain agreements concluded on behalf of the Russian Federation (subject of the Russian Federation or municipality), a condition on banking support of the contract may be included. According to federal law April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the provision of this service in relation to the customer in without fail provided for government contracts, the subject of which is the supply of goods / performance of construction and installation works / provision of services for federal and municipal needs, as well as the needs of a constituent entity of the Russian Federation.

What is contract banking support

This concept means that the bank checks the calculations performed and brings to the attention of the customer the results of the monitoring carried out within the framework of the service agreement concluded with the bank. For monitoring, the contractor (supplier) opens a separate settlement account, and the bank informs the customer on a monthly basis about the cash flow on this account.

The procedure for conducting banking support is regulated by Decree of the Government of the Russian Federation of September 20, 2014 No. 963 "On the implementation of banking support for contracts", which specifies the Rules for the provision of this service.

Types of banking support

Simple banking support

With simple banking support, the bank monitors the settlements made by the supplier on a separately opened current account. The statement in the form of a cash flow statement is submitted by the bank no later than the 15th day of the month following the reporting month. Services provided by the bank as part of simple banking support are provided free of charge and are performed by bank employees independently.

Extended banking support

Extended banking support for a contract under 44-FZ includes an additional verification of the data specified in payment orders for compliance with the actual work performed, goods delivered or services rendered. Reconciliation is subject to work and goods in the amount of at least 75% of the value of the contract for the provision of these services. According to paragraph 4 of the Rules, the amount of payment for the implementation of extended support is calculated depending on the price of the contract. In this case, the payment cannot exceed:

1.09% of the contract price with a total value of 5 to 10 billion rubles;

1.05% of the contract price with a total value of 10 to 15 billion rubles;

1% of the price of a contract worth more than 15 billion rubles.

SEVERIN DEVELOPMENT acts as a construction consultant (surveyor) and provides extended banking services for banks. The company has the staff and resources for in-depth analysis of payments for compliance with the goals of the project, actual dates sales, market and other important conditions signed contracts and commitments by them.

The procedure for the implementation of extended banking support of the contract

The procedure for the implementation of extended banking support for contracts is established in the contract and regulated by Decree of the Government of the Russian Federation of September 20, 2014 No. 963 “On the implementation of banking support for contracts”.

The main goal of extended banking support is to confirm the intended use of the requested funds and their compliance approved documents by project.

To confirm the planned use of funds, the SEVERIN DEVELOPMENT consultant requests the following set of documentation:

contracts under which payment will be made;

basis for payment (consignment note confirming the acceptance and transfer of goods or documentation from the contractor to the customer; invoice; certificate of completion or acceptance certificate of delivery of services);

an invoice for payment;

project documentation;

executive documentation (if necessary);

Deadline for verifying the intended purpose of payments

Depending on the stage of implementation of the investment project (contract), the implementation scheme and the number of participants (counterparties), the period for checking and agreeing on the register of payments can be from 1 to 5 days. If visual confirmation is necessary, this period is extended accordingly for the duration of a business trip to the facility.

Extended banking support somewhat reduces the efficiency of the borrower (general contractor). but additional control on the part of the bank and the construction consultant allows you to implement the project with a minimum deviation from the approved budget.